Agenda item

To consider a report of the Monitoring Officer

The report sets out a number of proposed changes to the Constitution under the following headings:-

·         Scheme of Delegation – Officers and the Executive

·         Changes required by law

·         Officer Code of Conduct in relation to staff registers of Business Interests, Gifts and Hospitality

·         Property Transaction Process Flowchart

·         Implementation of new regulations governing the appointment and dismissal of the statutory officers.

The Working Party is requested to consider and comment on the proposals for changes to the Constitution set out in the report, and authorise the Monitoring Officer to make any minor changes to the Constitution if required as a result of these changes.

Officer Contact: Parveen Akhtar on 0161 218 1450 or email: parveen.akhtar@stockport.gov.uk

The Monitoring Officer submitted a report (copies of which had been circulated) setting out a number of proposed changes to the Constitution under the following headings:-

·         Scheme of delegation – Officers and Executive

·         Changes required by law

·         Officer Code of Conduct in relation to staff registers of Business Interests, Gifts and Hospitality

·         Property Transaction Process Flowchart

·         Implementation of new regulations governing the appointment and dismissal of the statutory officers.

The Working Party debated the following issues:-

·         the Independent Panel which would be appointed by the Council Meeting to offer advice, views or recommendations on the dismissal of the Head of Paid Service, the Monitoring Officer or the Chief Financial Officer. The Monitoring Officer outlined the recruitment process for the Independent Persons appointed by the Council Meeting to deal with standards issues and confirmed that it was the intention that the same people would form the Independent Panel referred to in the report. It would need to be ensured that they did not have any conflicts of interests should they take on this enhanced role and the Monitoring Officer would give consideration to the Code of Conduct which they would adhere to.

·         the extent to which the Council was constantly changing by collaborating with other organisations, was in formal partnership arrangements, was exploring shared services and the greater powers given to the Greater Manchester Combined Authority would all result in significant changes to the Constitution in the future.

·         the likelihood that the Government would issue revised regulations governing the responsibility for executive and non-executive functions in the near future. The Council would be obliged to adopt these changes as soon as they came into force and the Working Party considered the necessity of holding a meeting of the Working Party should the changes be non-discretionary.

RESOLVED – (1) That the Working Party supports the changes to the Constitution set out in Appendices 1 to 9 of the report.

(2) That should the changes to the law on the discharge of local authority functions be non-discretionary then the Monitoring Officer be authorised to report to the Leader of the Council and Council Meeting direct without first referring the issues to this Working Party and the Corporate, Resource Management and Governance Scrutiny Committee.

(3) That the Monitoring Officer advise this Working Party and the Corporate, Resource Management and Governance Scrutiny Committee of any changes announced by the Government with regard to (2) above.

(4) That the Working Party supports the Monitoring Officer being authorised to make minor or technical changes to the Constitution if any such change is required as a result of the amendments set out in Appendices 1 to 9 of the report.